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2021 Supreme(J&K) 12

SANJAY DHAR
National Insurance Company Ltd. – Appellant
Versus
Ghulam Nabi Chopan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. J.A. Kawoosa, Sr. Adv. with Mr. Areeb Javed Kawoosa, Advocate
For the Respondent:Mr. Mohammad Altaf Khan, Advocate

JUDGMENT

1. The appellant insurance company has challenged the award dated 31.03.2016, passed by Motor Accident Claims Tribunal, Srinagar (for short “the Tribunal”), whereby a sum of Rs.9.00/- lacs along with interest @7.5% has been awarded in favour of the claimants/respondent Nos.1 and 2 on account of death of one Riyaz Ahmad Chopan and the awarded sum has been made payable by the appellant insurance company with a right to recover the same from the owners of the offending vehicle i.e. respondent Nos.4&5 herein.

2. Briefly stated, case of the claimants before the Tribunal was that on 17.01.2011, deceased Riyaz Ahmad Chopan was knocked down by a vehicle bearing registration No.JK01J-7671 that was being driven rashly and negligently by its driver i.e. respondent No.3 herein. As a result of the accident, the deceased succumbed to the injuries and an FIR bearing No.99/2010 for offences under Section 279, 304-A RPC was registered with Police Station, Kunzar. Claimants happen to be the parents of the deceased who, as per the claim petition, was a young person aged 27 years working

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